HomeMy WebLinkAboutState Attorney, Wolfinger 2005 AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, entered into the /S day of None 6 — , 2005,by
and between BEANNETT BOUCIIER as CITY MANAGER FOR THE CITY OF CAPE
CANAVERAL, a municipal corporation of the State of Florida, (hereinafter referred to as
"CITY") and NORMAN R. WOLFINGER as STATE ATTORNEY OF THE
EIGHTEENTH JUDICIAL CIRCUIT COURT OF FLORIDA (hereinafter referred to as
"STATE ATTORNEY"), shall set out the terms and conditions under which the STATE
ATTORNEY will perform the services of a municipal prosecutor for the CITY.
WHEREAS, the STATE ATTORNEY prosecutes municipal ordinances under
the authority of the State of Florida; and
WHEREAS, Section 27.34(1),Florida Statutes, has been amended effective July
1, 2004,to provide that a State Attorney prosecuting violations of CITY ordinances
punishable by incarceration and not ancillary to a state charge shall contract with cities to
recover the full cost of services rendered on an hourly basis; and
WHEREAS,the CITY desires to contract with the STATE ATTORNEY to
prosecute the CITY'S municipal ordinances that are punishable by incarceration and are
not ancillary to a state charge;
NOW, THEREFORE,the CITY and STA 1'h ATTORNEY agree as follow:
SECTION 1. TERM
This agreement shall take effect October 1, 2005, and continue in effect until
cancelled by either party upon thirty(30) days written notice.
SECTION 2. SCOPE OF SERVICES
The STATE ATTORNEY agrees to act as the municipal prosecutor at the County
court level for municipal ordinances that are punishable by incarceration and not ancillary
to a state charge in the County Court of the Eighteenth Judicial Circuit Court for Brevard
County,Florida. It is understood that the STATE ATTORNEY will continue to
prosecute other municipal ordinances of the CITY that are ancillary to a state charge
under his regular duties as State Attorney. Under the contractual agreement the State
Attorney will not handle appeals unless agreed upon between the CITY and STATE
ATTORNEY on a case by case basis.
In serving as the municipal prosecutor, the STATE ATTORNEY shall have the
power to prosecute municipal ordinances as authorized by law.
SECTION 3. STATE ATTORNEY'S FEES
STATE ATTORNEY'S legal fees will be reimbursed by CITY on an hourly basis
for services rendered at a rate of$50 per hour. It is agreed that for municipal ordinance
cases that are punishable by incarceration and not ancillary to a state charge, fees shall be
billed by the STATE ATTORNEY to CITY on a quarterly basis as follows:
Agreement For
Professional Services
Page 2:
1. Cases that plea at initial appearance where the STAFF,ATTORNEY has not
filed a criminal information—NO CHARGE.
2. Cases that are resolved by plea subsequent to the STATE ATTORNEY
having filed a criminal information- $100 (two hours).
3. Cases that are resolved by trial - $400 (eight hours).
SECTION 4. INDEPENDENT CONTRACTOR
In performance of this Agreement, the STATE ATTORNEY will be acting in the
capacity of an independent contractor and not as an agent, employee, partner,joint
venture, or associate of the CITY. The STATE ATTORNEY shall be solely responsible
for the means, method,techniques, sequences, and procedures utilized by the STATE
ATTORNEY in the full performance of this Agreement, and shall have full authority to
resolve all such cases as the STA Lb ATTORNEY deems appropriate.
SECTION 5. EXPENSES
The CITY shall be responsible for all filing fees and cost assessments provided
for by statute. The STATE ATTORNEY shall seek reimbursement to the CITY to the
extent allowed by law for such.
SECTION 6. ENTIRE AGREEMENT
This Agreement constitutes the entire AGREEMENT between the CITY and the
STATE ATTORNEY. Any modifications, amendments or alterations shall be in writing
and executed by both parties prior to becoming effective. Either party may terminate the
agreement by providing 30 days written notice to the other party.
IN WITNESS,WHEREOF, the parties hereto have executed this AGREEMENT
this ei day of yew",b.e,. , 2005.
STATE OF FLORIDA CITY OF CAPE CANAVERAL
OFFICE OF :TATE ATTORNEY
y: ORMAN R. WOLFIN : . :E [ArgESUCHER
STATE ATTORNEY CITY MANAGER
ATTER.
SUS ST LS,
CITY CLERK